Articles Posted in Personal Injury

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Motorcyclist approaches an intersection between a driver.Cars and motorcycles must share the same road. It is your responsibility as the driver to look out for each other. You must learn to share the road and drive responsibly. Driving a motorcycle, however, places you at risk for more serious injuries because your entire body will absorb the impact from any form of collision.

Even if you wear proper gear, from helmets to a Kevlar vest, you can still face major injuries because a motorcycle leaves you exposed. Sadly, other drivers may fail to see motorcycles because they are smaller. On top of that, others engage in reckless behavior such as DUI or distracted driving.

A collision between a car and a motorcycle running at high speeds usually results in a catastrophe. If you find yourself in this situation because of another driver’s negligence, consider contacting a reputable accident attorney to help you find justice. Learn more about the most common causes of crashes between a car and motorcycle; and what you can do to mitigate it.

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How to amend a police report.We rely on police officers to maintain peace in our neighborhoods and to ensure that the rule of law is enforced. Beyond that, we also need them to record important information via police reports. However, there are also times when the need to amend a police report arises.

That is understandable. We all make mistakes, and there is no reason why police officers would be the exception.

Still, an error in a police report is not like a mistake in any other document. A single error can influence the initial impression of a case and have lasting consequences.

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Construction workers inspecting a construction site

Common construction site accidents.

If you work in a construction zone, you must do your best to be careful because construction site accidents are rampant. According to the OSHA or Occupational Safety and Health Administration, 20% of job-related deaths occur in the construction industry. On top of that, more construction workers suffer from work-related injuries each year.

This data may not surprise you because it is fairly obvious that a construction zone is extremely hazardous. You have nails, chainsaws, staple guns, cranes, etc. When not properly handled, all of these can result in injuries ranging from minor abrasions and burns to fatal electrocutions or falls. And even with proper care and handling, accidents can still happen.

It is vital to know what these accidents are so you can be aware of the risks when you enter a construction zone. Understanding how these common accidents happen in construction areas can help you mitigate disasters. More importantly, it will give you the presence of mind to act fast when a serious accident occurs.

Fifteen Most Frequent Construction Accidents

Injuries in a construction zone are common because of the many hazardous types of equipment that workers need to boost performance and productivity. In addition, you have live electricity and gravity to contend with, apart from risky tools.

For example, when poorly trained co-workers make one wrong move from the 4th floor, the perilous fall can result in traumatic brain injury, multiple fractures, or death. The damage sustained from this kind of workplace accident can be life-altering, depending on the severity of the situation.

Although there are numerous ways for a construction worker to get hurt on the job, you will find many common accidents regularly documented in the emergency room. For example, the top fifteen most frequent construction site accidents are as follows:

Falls From Great Heights

This is the leading accident in a construction area. It should not come as a surprise because it is common for construction workers to perform their duties perched on a high area like scaffoldings, rooftops, ladders, etc. This can result in physical injuries from minor scrapes to serious fractures like spinal cord injuries. The severity usually depends on the height of the fall and where the worker lands. Sometimes, luck also plays a role as some have gone miraculously unscathed.

Falling Debris

Construction workers don a hard hat to prevent head trauma from falling debris. However, this plastic covering can only do so much. When heavy tools, building materials, equipment, pieces of scaffolding, or other supplies fall on a person, it can do severe damage; more so when the object comes from a significant height. It can even result in fatality.

Electric Shocks

It is common to find exposed, live wires in a construction zone. In addition, you will also encounter unfinished electrical systems, incomplete circuit breakers, unfinished receptacles, or downed power lines. On top of that, there are electrical equipment, lighting fixtures, and other power issues to deal with. For these mentioned reasons, construction workers are at risk for electrical shocks or electrocution, resulting in arrhythmia or heart attack.

Burns

A live wire may not cause an electric shock, but it can still create a spark or overheat the system. When this happens, something can explode, and there will be a fire. Hence, construction workers are prone to severe burns.

Slips

Construction sites are often messy. You will encounter tools, equipment, materials, and other debris lying around. As a result, workers often trip on them. Moreover, there can be material spillage like oil, which can be slippery. Slips can be dangerous, resulting in a bone fracture. It can also result in lacerations and abrasions.

Fires or Explosions

When live wires create a spark, it can result in a massive explosion. Similarly, gas leaks can also be fatal. For example, paint thinner is highly flammable. Carbon monoxide is also toxic. The presence of both in an enclosed construction space is deadly. It also does not help that there are many flammable items on a construction site like:

  • Wood
  • Paper
  • Plastic
  • Cardboard
  • Drywall

Trench Accidents

It is common to find trenches in construction areas. After all, workers need to dig deep to lay down the foundation of any building. However, the massive excavations make the surrounding areas unstable. As a result, the ground could collapse on the workers, resulting in devastating injuries. To make things worse, people can be trapped or buried underneath piles of rubble with no way out.

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Breakstone, White & Gluck's Project KidSafe campaign

Breakstone, White & Gluck donated bike helmets to support the International Institute of New England and Bikes Not Bombs as they work to collect bikes for Afghan refugees.

Breakstone, White & Gluck was pleased to donate 60 bicycle helmets to support the International Institute of New England (IINE) and community groups as they give Afghan refugees bikes for transportation.

IINE has been working with many companies, organizations and individuals to help Afghan refugees resettle in the Boston area. IINE and Bikes Not Bombs in Jamaica Plain are now seeking donations of used adult bicycles (in good or repairable condition). Bikes Not Bombs and other volunteers will conduct safety checks and make minor repairs before bikes are distributed to those in need.

Each bike will be given away with a helmet, lock, light, and bike safety literature. Bikes Not Bombs will donate free bike lights and provide discounted bike locks while Breakstone, White & Gluck has donated a supply of helmets. MassBike helped IINE prepare the bike literature in the Dari and Pashtu languages. Others, such as Rozzie Bikes and Temple Emmanuel of Newton, have also been involved or have expressed interest in collecting bikes or supporting the effort, IINE’s volunteer coordinator said. The organization is not sure how many bikes they will need or ultimately give away over the next few months.

According to Bikes Not Bombs and IINE, hundreds of refugees have arrived since the fall of Afghanistan and are in need of assistance to be mobile in their communities, to access various resources, and to commute to work — all vital first steps towards self-sufficiency.

“Breakstone, White & Gluck is happy to provide bike helmets to families who are making new lives in America after having recently escaped from Afghanistan,” said Attorney Ron Gluck of Breakstone, White & Gluck. “We hope that these families enjoy safe riding and have a peaceful transition to their new surroundings in the Boston area.”

“The refugees have a real need for bicycles,” said Alan Wright of Rozzie Bikes, who is repairing bikes along with Bikes Not Bombs. “Transportation is a big barrier. In the first few months, the refugees have to get to doctor’s appointments, go out and do groceries and attend English as a Second Language classes. Then they need to find work. And it can take six months to get a driver’s license.”

Bikes Not Bombs and IINE are collecting adult bikes which are in good or repairable condition. If you are interested in donating a bike, please fill out the IINE’s form: https://iine.wufoo.com/forms/z6cvn5q0go3y5q/.

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Bicycle Accident

What to do after being in a bike accident.

Developing a habit of riding a bike can be good for your health, your bank account, and even the environment. However, be extra cautious whenever you are using that two-wheeler because a bike accident can be devastating.

The aftermath of an accident can leave you shaken and bewildered. You may get disoriented from the incident and become unsure of what to do next.

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Silver Level Bicycle Friendly Business awardWe have exciting news to share. The League of American Bicyclists has recognized Breakstone, White & Gluck with a Silver Level Bicycle Friendly Business Award for the second time. This year, Breakstone, White & Gluck proudly joins 34 other bicycle-friendly businesses in Massachusetts and is one of just two law firms recognized in New England.

Breakstone, White & Gluck was honored for our Project KidSafe campaign and 10 years of building strong community partnerships to reach low-income children and others who need a helmet. Our firm was also recognized for supporting cycling groups and events that encourage cycling and safety in Boston, including the National Bike to Work Festival and the Mattapan on Wheels Bike-a-Thon.

As Breakstone, White & Gluck is recognized, we want to thank our community partners and celebrate the close partnerships we have built with you to protect children on bikes.

 

Thanks to Our Project KidSafe Community Partners!

Breakstone, White & Gluck's Project KidSafe campaign for bike safetyWe want to thank all our past and present Project KidSafe community partners. To date, Breakstone, White & Gluck has partnered with over 50 police departments, bike committees, school groups and local organizations to reach low-income children and others who need helmets.

Together, since 2013, Breakstone, White & Gluck and our community partners have now given away more than 33,000 helmets to protect children.

2021 was one of our best years yet. We continued supporting our community partners in bike rodeos and community events, watching you draw high participation from all your work to promote events. We continued our donations to local police departments and Safe Routes to School, while also working to support our newest donations in Brockton and Lowell.

Now, in 2022, we look forward to celebrating our 10th anniversary of Project KidSafe with you as we support your helmet giveaways.

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Thanks to Our 2021 Community Partners!

  • MassBike
  • Massachusetts Safe Routes to School
  • Bikes Not Bombs
  • Mattapan Food and Fitness Coalition
  • Bikes Not Bombs
  • The Bike Connector
  • Medford Bikes
  • Canton Farmers Market
  • Ashland Farmers Market
  • Dedham Bike Rodeo
  • Friends of Lexington Bikeways
  • Worcester Earn a Bike
  • Milton Bike
  • Clinton Park and Recreation Department
  • Somerville Groundworks
  • Quincycles

Thanks to Our 2021 Police Department Partners!

  • Boston Police
  • Cambridge Police
  • Quincy Police
  • Everett Police
  • Lynn Police
  • Randolph Police
  • Brockton Police
  • Norwood Police
  • Waltham Police
  • Dedham Police
  • Arlington Police

Thanks to Our Other Partners!

  • Boston Cyclists Union
  • National Bike to Work Festival
  • Mattapan on Wheels
  • Charles River Wheelers
  • Northeast Bicycle Club
  • New England Mountain Bike Association
  • CYCLE Kids
  • Boston Bikes’ Roll It Forward

Project KidSafe Highlight: the Lynn Police Department

Lynn Police Bicycle Safety Day

Bicycle Safety Day in Lynn, 2021.

In 2021, we watched the Lynn Police Department host a Bicycle Safety Day, using our helmets as the foundation for the fun event. Our attorneys couldn’t be more pleased with how this event came out – or how many children participated.

Breakstone, White & Gluck began a community partnership with Lynn Police in 2018. During the first few years, Breakstone, White & Gluck donated the bicycle helmets from our Project KidSafe campaign and officers gave the helmets away to children and families at community events, such as the Latino Festival, and at the YMCA.

Officers were reaching children. But Lynn Police wanted an opportunity to spend more time on bike safety. Knowing Breakstone, White & Gluck would donate helmets, Lynn Police began making plans and reaching out to other local businesses for support. Lynn Police went on and hosted the Bicycle Safety Day last July outside a local school. We are told the children really enjoyed the afternoon, which included an obstacle course!

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If you’ve been in a rear-end accident recently, you might have heard the term “brake checking” used in describing what happened. If you’re not familiar with it, we explain brake checking here. We discuss whether or not it’s legal in Massachusetts, why people brake check, and what to do if you’ve been in an accident involving brake checking.

Is Brake Checking Someone Illegal in MA?

Brake checking auto accident.

Before we get into discussions about the legality of brake checking in Massachusetts, it’s helpful to define brake checking first. Brake checking is the act of hitting your brakes suddenly when someone is driving too close to your bumper, also known as tailgating (more about that below).

Brake checking can involve slamming on your brakes at high speed, or it can be constantly tapping your brakes so the person behind you has to continually slow down or stop. Brake checking, per se, isn’t specifically illegal in Massachusetts; however, it is considered reckless driving, which is illegal, according to General Laws, Chapter 90, Section 24.

Reckless driving is any kind of driving that involves wanton or willful disregard for the safety of other motorists sharing the road with you.

Reckless driving can result in traffic citations (AKA tickets), fines, and even jail time, depending on the situation. Other forms of reckless driving include speeding, driving too fast for conditions, ignoring traffic signals, driving under the influence, and drag racing. If reckless driving causes an accident, even stiffer penalties may apply, based on the unique aspects of the case, as discussed below.

Therefore, brake checking is actually illegal in Massachusetts and should be avoided at all costs. As well as fines and jail time, engaging in reckless driving can be a surchargeable offense (similar to adding points to your driving record) that can result in a suspended license. This means you will be unable to drive for a certain period of time, making it hard to get to work, school, and other activities.

Why is brake checking considered reckless driving? Because it can force the person behind you to crash into your vehicle or veer into traffic to avoid hitting you. Other motorists or pedestrians could be injured or killed, and there could be widespread damage done to multiple vehicles or personal property.

Brake checking can cause a host of dangerous consequences. There could be children or pets in the vehicle that could be hurt in a crash. It can precipitate single-vehicle accidents, where one car swerves at the last minute and hits a utility pole or fence. A swerving car can also cause other vehicles to swerve in response, setting up a cascade of accidents involving many people.

Checking motorists with brakes has also been known to spark incidents of road rage. This also puts everyone in the vicinity in harm’s way. An enraged party could follow a brake checker home or to their workplace or confront them on the street, engaging in threats, assault, or violence involving firearms.

Why Do People Brake Check?

So, what’s the motivation behind brake checking anyway? There are basically two reasons why drivers brake check other motorists. One is usually out of anger or frustration, and the second involves insurance fraud.

In the first scenario, the car in front (let’s call it Car A) gets frustrated with the vehicle behind it (Car B). Car B has been tailgating Car A for miles, flashing its lights and honking its horn, presumably urging Car A to go faster. The driver of Car A finally explodes and starts applying the brakes, hoping Car B will get the message and either back off or pass.

In the second instance, Car A slams on its brakes to intentionally get Car B to crash into it. The driver of Car A then files a fraudulent insurance claim against the driver of Car B, asking for property damage reimbursement and money for medical treatment. Insurance fraud is a serious offense that carries stiff legal penalties, including incarceration.

To be clear, there are times when any driver might need to apply their brakes suddenly, regardless of who is behind them. This can happen if a pet or child runs into the road, for instance. This is not considered brake checking.

The reasons why people brake check provide clues as to how to avoid this phenomenon. If someone is driving too close to the rear end of your vehicle, the answer isn’t to keep pumping the brakes. Instead, use your directional signal, pull over at a safe place, and let the other party pass you.

There is no reason to get in an accident or risk the safety of others by brake checking someone. Enforcing traffic laws is the responsibility of law enforcement, not you. You and everyone else on the road with you will stay safer if you play it cool.

There are a few other solutions to prevent brake checking problems in general:

  • Avoid driving slowly unnecessarily. You can in some conditions be ticketed by law enforcement for going too far under the speed limit. If people are routinely driving right on your bumper, perhaps you are going too slowly or gawking at your surroundings instead of concentrating on driving.
  • If you’re riding with a new driver, like your teen with a learner’s permit, stay off busy roads until they’re more confident and have a better sense of speed and distance perception. Encourage young drivers to keep a safe distance from cars in front of them, as described below.
  • If you must drive slowly because of a mechanical problem, bad road conditions, poor visibility, or a load in the rear of your vehicle, use your hazard lights (AKA flashers) to alert people behind you to stay back.
  • Try to stay out of areas where you know bumper-to-bumper traffic occurs on a daily basis, such as at commuter rush hour.
  • Make it your policy to always maintain a safe distance from cars in front of you. Always leave room for braking. You should have at least a car’s length of space between you and other vehicles and even more at higher speeds or if the weather is bad.
  • If you feel someone in front of you is going too slowly, first give them the benefit of the doubt. There may be someone in front of them slowing things down that you cannot see. A polite beep or one flash of lights is usually fine, but repetitive honking and turning lights on and off only escalates the situation.

If I Caused an Accident from Brake Checking Someone, Am I Liable?

If you’ve been hit from behind or caused another accident by brake checking someone, you may be wondering if you can be found at fault. The answer is yes, you can be liable, depending on the circumstances surrounding the accident. Not all rear-end crashes, for example, are the fault of the driver in the rear.

Now, wait a minute, you may be thinking, isn’t Massachusetts a no-fault accident state? Yes, but in accidents involving death or these serious injuries, sometimes one party is found liable:

  • Broken bones
  • Permanent scarring
  • Disfigurement
  • Disability

Normally, after an accident, each party’s own insurance covers their vehicle damage and any medical expenses. But accidents involving wrongful death or serious injury are another story.

This is why it’s essential to speak with an experienced car accident lawyer after a crash where brake checking may have occurred, whether you were the driver in Car A or Car B as described in the scenario above.

This is a good time to review what to do if you’re in an accident, regardless of whether brake checking was the cause or not. Follow these steps to stay safe, protect your rights, and keep calm at the scene of a motor vehicle crash.

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Breakstone, White & Gluck partners

From left: Ronald E. Gluck, Marc L. Breakstone and David W. White.

We are pleased to announce that Breakstone, White & Gluck has received the highest rankings among Boston personal injury and medical malpractice law firms in the 2022 edition of U.S. News – Best Lawyers “Best Law Firms.”

U.S. News & World Report and Best Lawyers released the 12th annual edition of “Best Law Firms” on Nov. 4th, recognizing our firm with Tier 1 rankings in personal injury law – plaintiffs and medical malpractice law – litigation in the Boston Metropolitan region.

According to the publishers, a tiered ranking reflects a firm has earned the highest level of respect and ratings from clients and other local attorneys. The rankings are based on a rigorous evaluation process which includes client and lawyer evaluations along with peer review from other leading attorneys in the Boston area.

To be considered for “Best Law Firms,” at least one attorney at a firm must also be recognized in The Best Lawyers in America, which released its 2022 rankings in August. This marks the 12th year our attorneys have earned individual rankings.

Marc L. Breakstone, David W. White and Ronald E. Gluck have been recognized across these specialties:

  • Personal injury law – plaintiffs
  • Medical malpractice law – plaintiffs
  • Professional malpractice law – plaintiffs
  • Insurance law

Reza Breakstone has been named to the Best Lawyers – Ones to Watch in the following specialties:

  • Personal injury law – plaintiffs
  • Medical malpractice law – plaintiffs
  • Professional malpractice law – plaintiffs

Read about our attorneys:

Mark L. Breakstone
Marc has established a reputation as one of the top personal injury and medical malpractice lawyers in Massachusetts and New England. He is a graduate of Northeastern University School of Law and has represented serious injured clients for more than 30 years in Boston. His settlements and verdicts for clients include a $10.2 million settlement for a young child injured by ambulance negligence, $7.5 million for the wrongful death of a worker in a propane gas explosion and $7.1 million for a woman who was struck by an MBTA bus in a crosswalk.

David W. White
David has been recognized among the top personal injury and insurance bad faith lawyers in Massachusetts and New England. He has distinguished himself for his advocacy among clients and his leadership among Massachusetts lawyers as a past president of the Massachusetts Bar Association. David is a graduate of Northeastern University School of Law and his settlements and awards for clients include $4.35 million for a worker who suffered a serious construction accident fall and $2.5 million for his client who suffered severe burns as a result of a homeowner’s negligent use of a fire pit

Ronald E. Gluck
Ron is an accomplished trial lawyer who is highly respected by colleagues as one of the top personal injury lawyers in Massachusetts and New England. He is a graduate of Boston College and the Case Western Reserve University School of Law. His verdicts and awards for clients include $3.75 million for a motorcyclist injured by a driver’s negligence and $2.5 million for a driver who suffered spinal injuries in a truck accident.

 

Reza Breakstone
Reza has been recognized as one of the top personal injury lawyers in Boston in the Best Lawyers – Ones to Watch and Super Lawyers’ Rising Stars rankings. He is a graduate of the University of Michigan and Northeastern University School of Law. He represents clients in all areas of our personal injury practice, contributing to some of our firm’s most significant settlements and verdicts for clients over the past six years.

Free Legal Consultation – Boston Personal Injury Lawyers

With more than 100 years combined experience, Breakstone, White & Gluck is known for our results for clients who have been seriously injured or killed by negligence across Massachusetts. We specialize in the handling of personal injury and wrongful death cases, including when negligence results in car accidents, bicycle accidents, pedestrian crosswalk accidents, traumatic brain injury or construction accidents. Our firm offers extensive experience in representing clients injured by bus accidents and commercial truck crashes caused by driver negligence.

If you have been injured, learn your legal rights before making any decisions. For a free legal consultation, contact Breakstone, White & Gluck at 800-379-1244 or 617-723-7676 or use our contact form.

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Breakstone, White & Gluck partners

From left: Ronald E. Gluck, Marc L. Breakstone and David W. White.

We are pleased to announce that Best Lawyers has recognized Marc L. Breakstone, David W. White and Ronald E. Gluck in the 2022 Edition of The Best Lawyers in America®. Reza Breakstone was recognized in the Best Lawyers: Ones to Watch rankings. The rankings were released on August 19th.

Our attorneys were recognized among the top-ranked Boston lawyers in four specialties: personal injury law, medical malpractice law, professional malpractice and insurance law. This is the 12th consecutive year our attorneys have been featured in The Best Lawyers in America. This is the second year Attorney Reza Breakstone has been included in Best Lawyers: Ones to Watch, now in its second edition.

Best Lawyers is the oldest and most respected lawyer ranking service in the world. First published in 1983, The Best Lawyers in America highlights the professional excellence, experience and achievements of lawyers across the U.S. What makes the ratings so valuable is the peer-review process. Attorneys are selected based on feedback from other lawyers who are familiar with their experience and results for clients. This year, Best Lawyers rated lawyers across 147 practice areas, with more than 10.8 million evaluations analyzed in the United States. Approximately 5 percent of attorneys in private practice in the U.S. were selected.

Best Lawyers publishes its rankings annually in partnership with U.S. News & World Report and other leading local, regional and national publications.


Recognition for Breakstone, White & Gluck


Attorney Marc L. Breakstone – The Best Lawyers in America (2022 Edition)

Marc L. Breakstone

Marc L. Breakstone

Personal Injury Litigation – Plaintiffs

Medical Malpractice Law – Plaintiffs

Professional Malpractice Law – Plaintiffs

Read more about Marc.


Attorney David W. White – The Best Lawyers in America (2022 Edition)

David W. White - Boston Personal Injury Lawyer

David W. White

Personal Injury Litigation – Plaintiffs

Medical Malpractice Law – Plaintiffs

Insurance Law

Read more about David.


Attorney Ronald E. Gluck – The Best Lawyers in America (2022 Edition)

Ronald E. Gluck

Ronald E. Gluck

Personal Injury Litigation – Plaintiffs

Read more about Ron.


Reza Breakstone – Best Lawyers: Ones to Watch (2022 Edition)

Reza Breakstone

Ronald E. Gluck

Personal Injury Litigation – Plaintiffs

Professional Malpractice Law

Medical Malpractice Law – Plaintiffs

Read more about Reza.


Free Legal Consultation – Boston Personal Injury Lawyers

Breakstone, White & Gluck fights for justice for those who have been seriously injured by negligence. Our personal injury lawyers have a passionate commitment to the physical, emotional and economic well-being of our clients. After a serious injury, we are committed to helping our clients return to good health and economic well-being as quickly as possible.

With 100+ years combined experience, our attorneys have won record-setting verdicts and settlements in negligence, product liability and medical malpractice cases across Massachusetts. We have been consistently recognized for our results for clients, including by U.S. News Best Law Firms, Best Lawyers in America, Top 100 New England Super Lawyers and Top 100 Massachusetts Super Lawyers.

Our attorneys specialize in all areas of personal injury law, representing those injured by negligence in car accidents, bicycle accidents and pedestrian crashes. We have extensive experience in the areas of truck crashes and bus accidents as well as construction accidents, premises liability, product liability, medical malpractice, traumatic brain injuries and wrongful death.

If you have been injured by someone else’s negligence, learn about our personal injury attorneys. We share our results for clients in past cases on our website. You can also hear from some of the clients we have helped on our testimonials page.

For a free legal consultation, contact Breakstone, White & Gluck at 1-800-379-1244 or 1-617-723-7676. You can also use our contact form.

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Massachusetts statute of limitationsThe idea of moving forward with legal proceedings can be daunting for some people. Hesitating can be risky, though, and it can cause you to run into issues related to the Massachusetts statute of limitations.

We understand why some individuals balk at taking legal action right away. Handling legal matters can take a lot of time. If you have a full-time job, the legal proceedings can also mess up your schedule.

All of that said, you should take care of any legal matters as soon as you can.

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